Bill Text: FL S1514 | 2019 | Regular Session | Introduced
Bill Title: Medical Billing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-05-03 - Died in Health Policy [S1514 Detail]
Download: Florida-2019-S1514-Introduced.html
Florida Senate - 2019 SB 1514 By Senator Albritton 26-01633-19 20191514__ 1 A bill to be entitled 2 An act relating to medical billing; creating s. 3 222.26, F.S.; providing additional personal property 4 exemptions from legal process for medical debts 5 resulting from services provided in certain licensed 6 facilities; amending s. 395.301, F.S.; requiring a 7 licensed facility to provide a cost estimate to a 8 patient within a specified timeframe after 9 recommending a specific course of treatment or set of 10 services; prohibiting a licensed facility from 11 charging a patient an amount that exceeds such cost 12 estimate by a set threshold; requiring a licensed 13 facility to provide a patient with a written 14 explanation of excess charges under certain 15 circumstances; requiring a licensed facility to 16 establish an appeal process for patients to dispute 17 charges; requiring a facility to make available 18 information necessary for initiating an appeal; 19 requiring a facility to respond to a patient appeal 20 within a specified timeframe; creating s. 395.3011, 21 F.S.; defining the term “extraordinary collection 22 action”; prohibiting licensed facilities, under 23 certain circumstances, from engaging in extraordinary 24 collection actions against individuals; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 222.26, Florida Statutes, is created to 30 read: 31 222.26 Additional exemptions from legal process concerning 32 medical debt.—If a debt is owed for medical services provided by 33 a facility licensed under chapter 395, the following property is 34 exempt from attachment, garnishment, or other legal process: 35 (1) A debtor’s interest, not to exceed $10,000 in value, in 36 a single motor vehicle as defined in s. 320.01. 37 (2) A debtor’s interest in personal property, not to exceed 38 $10,000, if the debtor does not claim or receive the benefits of 39 a homestead exemption under s. 4, Art. X of the State 40 Constitution. 41 Section 2. Present subsection (6) of section 395.301, 42 Florida Statutes, is redesignated as subsection (7), paragraph 43 (b) of subsection (1) is amended, and a new subsection (6) is 44 added to that section, to read: 45 395.301 Price transparency; itemized patient statement or 46 bill; patient admission status notification.— 47 (1) A facility licensed under this chapter shall provide 48 timely and accurate financial information and quality of service 49 measures to patients and prospective patients of the facility, 50 or to patients’ survivors or legal guardians, as appropriate. 51 Such information shall be provided in accordance with this 52 section and rules adopted by the agency pursuant to this chapter 53 and s. 408.05. Licensed facilities operating exclusively as 54 state facilities are exempt from this subsection. 55 (b)1.Upon request, andBefore providing any nonemergency 56 medical services, each licensed facility shall provide in 57 writing or by electronic means a good faith estimate of 58 reasonably anticipated charges by the facility for the treatment 59 of the patient’s or prospective patient’s specific condition. 60 The facility must provide the estimate to the patient or 61 prospective patient within 7 business days after recommending a 62 specific course of treatment or set of servicesthe receipt of63the requestand is not required to adjust the estimate for any 64 potential insurance coverage. The estimate may be based on the 65 descriptive service bundles developed by the agency under s. 66 408.05(3)(c) unless the patient or prospective patient requests 67 a more personalized and specific estimate that accounts for the 68 specific condition and characteristics of the patient or 69 prospective patient. The facility shall inform the patient or 70 prospective patient that he or she may contact his or her health 71 insurer or health maintenance organization for additional 72 information concerning cost-sharing responsibilities. The 73 facility may not charge the patient more than 110 percent of the 74 estimate. However, if the facility determines that such charges 75 are warranted due to unforeseen circumstances or the provision 76 of additional services, the facility must provide the patient 77 with a written explanation of the excess charges as part of the 78 detailed, itemized statement or bill. 79 2. In the estimate, the facility shall provide to the 80 patient or prospective patient information on the facility’s 81 financial assistance policy, including the application process, 82 payment plans, and discounts and the facility’s charity care 83 policy and collection procedures. 84 3. The estimate shall clearly identify any facility fees 85 and, if applicable, include a statement notifying the patient or 86 prospective patient that a facility fee is included in the 87 estimate, the purpose of the fee, and that the patient may pay 88 less for the procedure or service at another facility or in 89 another health care setting. 90 4.Upon request,The facility shall notify the patient or 91 prospective patient of any revision to the estimate. 92 5. In the estimate, the facility must notify the patient or 93 prospective patient that services may be provided in the health 94 care facility by the facility as well as by other health care 95 providers that may separately bill the patient, if applicable. 966.The facility shall take action to educate the public97that such estimates are available upon request.98 6.7.Failure totimelyprovide the estimate within the 99 timeframe required in subparagraph 1.pursuant to this paragraph100 shall result in a daily fine of $1,000 until the estimate is 101 provided to the patient or prospective patient. The total fine 102 may not exceed $10,000. 103 104The provision of an estimate does not preclude the actual105charges from exceeding the estimate.106 (6) Each facility shall establish an appeal process 107 designed to allow patients to dispute charges that appear on the 108 patient’s itemized statement or bill. The facility shall 109 prominently post on its website, and indicate in bold print on 110 each itemized statement or bill, the instructions for initiating 111 an appeal and the direct contact information needed to initiate 112 the appeal process. The facility must provide an initial 113 response to a patient appeal within 7 business days after the 114 patient formally files an appeal disputing all or a portion of 115 an itemized statement or bill. 116 Section 3. Section 395.3011, Florida Statutes, is created 117 to read: 118 395.3011 Billing and collection activities.— 119 (1) As used in this section, the term “extraordinary 120 collection action” means any of the following actions taken by a 121 licensed facility against an individual in relation to obtaining 122 payment of a bill for care covered under the facility’s 123 financial assistance policy: 124 (a) Selling the individual’s debt to another party. 125 (b) Reporting adverse information about the individual to 126 consumer credit reporting agencies or credit bureaus. 127 (c) Deferring, denying, or requiring a payment before 128 providing medically necessary care because of the individual’s 129 nonpayment of one or more bills for previously provided care 130 covered under the facility’s financial assistance policy. 131 (d) Actions that require a legal or judicial process, 132 including, but not limited to: 133 1. Placing a lien on the individual’s property; 134 2. Foreclosing on the individual’s real property; 135 3. Attaching or seizing the individual’s bank account or 136 any other personal property; 137 4. Commencing a civil action against the individual; 138 5. Causing the individual’s arrest; or 139 6. Garnishing the individual’s wages. 140 (2) A facility shall not engage in an extraordinary 141 collection action against an individual to obtain payment for 142 services: 143 (a) Before the facility has made reasonable efforts to 144 determine whether the individual is eligible for assistance 145 under its financial assistance policy for the care; 146 (b) Before the facility has provided the individual with a 147 requested itemized statement or bill; 148 (c) During an ongoing appeal process as described in s. 149 395.301(6); or 150 (d) For 30 days after notifying the patient in writing, by 151 certified mail or other traceable delivery method, that a 152 collection action will commence absent additional action by the 153 patient. 154 Section 4. This act shall take effect July 1, 2019.